Trade mark decision

BL Number
Decision date
28 April 2006
Hearing Officer
Mr D Landau
Pool FM
38, 41
Pool FM Limited
Garrison Radio Ltd
Sections 3(6) & 5(4)(a)


Section 3(6): Opposition failed. Section 5(4)(a): Opposition successful.

Points Of Interest

  • Bad faith; defensive reaction; ordinary commercial prudence.


The opposition was based on the opponents’ use of the mark Pool FM in connection with a local radio station in Hartlepool. Before dealing with the substantive matter before him the Hearing Officer identified certain letters which appeared as exhibits in the applicants’ evidence. These, said the Hearing Officer, he would ignore as the statements made in them should have been in the form of a statutory declaration, affidavit or witness statement.

Turning to the matter under Section 5(4)(a) the Hearing Officer found that the opponents had established a small but genuine goodwill at the date of application. Given the identicality of the marks and high degree of similarity in the services he had no doubt that damage would occur if the applicants used the mark applied for. The oppositions under Section 5(4)(a) succeeded accordingly.

The oppositions under Section 3(6) failed however.

The applicants’ action in applying for the mark had been “a defensive reaction”, showing ordinary commercial prudence.

Full decision O/117/06 PDF document156Kb